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STATE v. SULLIVAN

090237FE; A143645.

288 P.3d 1004 (2012)

253 Or. App. 103

STATE of Oregon, Plaintiff-Respondent, v. Emmit John SULLIVAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Anne Fujita Munsey , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Andrew M. Lavin , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

A jury found defendant guilty of two counts of sodomy in the first degree, ORS 163.405, and two counts of sodomy in the second degree, ORS 163.395. On appeal, defendant asserts that the trial court erred in denying his request for a jury instruction. Defendant argues that the state presented two theories about how the jury could find the required element of forcible compulsion — that is, physical force or a threat — to commit sodomy in the...

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